HIGH COURT OF GUJARAT
HASMUKH D. SUTHAR, J
SUPRIMKUMAR JITENDRABHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
ORDER :
RULE. Learned APP waives service of notice of Rule for and on behalf of the respondent – State of Gujarat.
1. By way of the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “ BNSS ”), the applicant accused has prayed to release him on anticipatory bail in the event of his arrest in connection with the FIR being C.R. No.11216010240369 of 2024 registered with Pethapur Police Station, District Gandhinagar for the offences punishable under Sections 115(2), 352, 351(3), 189(2), 190, 191(2), 191(3) and 324(5) of the Bharatiya Nyaya Sanhita, 2023 (for short “ BNS ”) and section 135 of the Gujarat Police Act.
2. Learned advocate for the applicant submits that the applicant has nothing to do with the offence and the applicant is not even named in the FIR and was not present at the scene of offence. The alleged incident took place with the driver namely Bhupatji Thakor of the present applicant and merely because the applicant is the owner of Eicher vehicle involved in the offence, applicant is implicated as accused though he has not made any assault and no any overt act is attributed to the applicant. It is alleged that alongwith accused
Anticipatory bail can be granted when the applicant is not named in the FIR and no overt act is attributed to them, considering the nature of accusation and necessity for custodial interrogation.
Anticipatory bail granted as applicant not named in FIR, dispute settled, and no need for custodial interrogation.
Anticipatory bail granted due to lack of evidence against the applicant and concerns regarding the validity of co-accused statements.
Anticipatory bail can be granted even when a warrant is issued, provided the prosecution fails to substantiate allegations against the applicant.
Anticipatory bail may be granted if the applicant is not named in the FIR, has no past criminal record, and custodial interrogation is not necessary.
Anticipatory bail can be granted when there is insufficient evidence of the applicant's involvement or intent in the alleged crime.
Anticipatory bail granted based on applicant's cooperation with investigation and absence of flight risk, emphasizing judicial discretion in bail applications.
Anticipatory bail can be granted when the applicant shows no involvement in serious offences and poses no flight risk, considering the nature of the accusation and the applicant's history.
Anticipatory bail granted due to lack of prior offenses and delayed FIR, emphasizing judicial discretion in bail applications.
Anticipatory bail granted due to lack of prima facie evidence against the applicant, emphasizing the need for judicious discretion in bail matters.
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